DOJ: Department of Justice Positions Prevail in Two Federal Religious Liberty Lawsuits

Two federal courts handed down decisions this week protecting religious liberty and agreeing with the positions of the Department of Justice in those cases. In the first case, the United States Court of Appeals for the Fourth Circuit ruled that a federal trial court had improperly dismissed a suit by a small African Christian congregation under the Religious Land Use and Institutionalized Persons Act (RLUIPA).  The congregation alleges that Baltimore County, Maryland, improperly denied the congregation zoning approval for a new church.  In the second case, the United States District Court for the District of Iowa ruled that the University of Iowa violated the First Amendment rights of a student group when the University de-registered the group for requiring its student leaders to adhere to the group’s religious beliefs, while not applying that same requirement to other student groups.

 “The Department of Justice is committed to protecting the religious, associational, and expressive freedoms enshrined in federal law,” said Principal Deputy Associate Attorney General Jesse Panuccio. “We are pleased the courts agreed with the Department in these two cases, and we will continue to work to protect the rights of people of all faiths.”

In Jesus Christ is the Answer Ministries v. Baltimore County, Maryland, the appeals court ruled that a small congregation, many of whose members are African immigrants, could proceed with its claim that the county improperly denied approval to build a small church on a 1.2-acre lot. The congregation sued under RLUIPA, which protects places of worship from discriminatory or unjustifiably burdensome application of zoning regulations. The suit alleged that neighbors opposing the plan had made racially and ethnically charged statements about the worship style of the congregation including references to “dancing and hollering” as if they were “home back in Africa.” The suit also alleged that the church had made reasonable proposals and modifications to its plan and that their religious exercise was “substantially burdened” in violation of RLUIPA by the denial.  The court of appeals agreed with the brief of the United States that both of these claims should be permitted to proceed.  

In Business Leaders in Christ (BLinC) v. University of Iowa, the court agreed with the Statement of Interest filed by the United States, and ruled that the University of Iowa violated students’ rights of expressive association and free exercise of religion by de-registering a Christian student group.  The university had de-registered the group because BLinC limits its leadership to persons who agree with its religious beliefs.  The court found that the University applied the de-registration policy in a discriminatory manner by allowing other student groups to similarly limit their membership or leadership if the University felt the groups supported the University’s “education or social purposes.”

The Department of Justice announced the Religious Liberty Task Force in July, 2018. The Task Force helps the Department fully implement the religious liberty guidance by ensuring that all Justice Department components are upholding that guidance in the cases they bring and defend, the arguments they make in court, the policies and regulations they adopt, and how we conduct our operations.

More information about RLUIPA is available on the Place to Worship Initiative homepage, www.justice.gov/crt/placetoworship.

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NADLER PRAISES BIPARTISAN BILL TO PROTECT RELIGIOUSLY AFFILIATED INSTITUTIONS

Washington, D.C.—This evening, the House passed H.R. 1730, the “Protecting Religiously Affiliated Institutions Act,”  by a vote of 402-2.  This bill would extend protections under current federal law for “religious real property.”  Currently, Section 247 of the Federal Criminal Code prohibits both the damaging of religious property because of the property’s religious character and the intentional obstruction — by force or threats of force — of anyone’s exercise of religious beliefs. 

H.R. 1730 would clarify that threats of force against religious property are included in this prohibition.  Additionally, the measure would provide that the damaging or obstructing of such property that results in damages exceeding $5,000 constitutes a felony punishable by up to 3 years imprisonment.  Finally, the bill would clarify that real property covered by the statute includes property leased by a non-profit, religiously-affiliated organization.

The importance of this legislation is underscored by the recent upsurge in bomb threats, hate crimes, and vandalism committed against communities of faith.  For instance, more than 150 bomb threats were made against Jewish Community Centers in the first quarter of this year alone.  And, there has been an alarming surge in the number of threats, vandalism, and arson committed against mosques over the past year.

In response to House passage of this bill, Judiciary Committee Ranking Member Jerrold Nadler (D-NY) stated,

“Recently, our country has been experiencing a surge in hate crimes – including those committed against communities of faith. In 2016, the hate crimes statistics released by the FBI indicate that anti-Semitic hate crimes increased 20% from the prior year. 

“Our country was founded on the principles of religious liberty, and while we may disagree with the religious practices of others, it is never acceptable to use physical obstruction, force, or threats of force to deny others the right to worship. 

“I believe it is not only appropriate but necessary for Congress to strengthen our laws against these types of acts so that no American has to choose between their faith and their safety. And I am pleased that this important bill, which was adopted by the Judiciary Committee, has now been passed by the House of Representatives.”

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LK Report for 8/16/17 - Suing CPS and More...

Here are today's headlines.  

Check back later.  You never know when I might update this post.

http://www.LegallyKidnapped.com

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LINCOLN, Neb. - Four reports from Omaha and one from Holdrege have been received regarding a woman posing as a child protective services employee seeking admission into homes, the Department of Health and Human Services said. More >> Woman posing as Child Protective Services worker tries to enter homes -------------------- While she sought custody of her newborn son during her treatment for methamphetamine addiction and mental health counseling, she got to raise him herself. More >> Can giving babies back sooner to parents in drug treatment be best? A court is trying it. ---------------------- As the nation's opioid crisis has deepened, the number of drug treatment centers for pregnant women has grown. But experts and advocates say there aren't enough services for pregnant women to meet the demand, and many don't offer the drugs doctors would normally use to treat addiction because they are concerned about the effects they might have on a fetus. And some laws requiring that babies going through withdrawal be removed from their mother's care can be a deterrent to seeking help, they said. More >> Pregnant women addicted to opioids face tough choices -------------------- A SOCIAL worker has been struck off after he allegedly told a highly vulnerable child to self harm. David Steare was alleged to have told the youngster to ‘only cut’ herself on alternate days at set times, with her mother there to treat her wounds. More >> Social worker struck off after allegedly telling vulnerable child to self-harm --------------------- South Africa’s child protection system is failing its children‚ says World Vision South Africa. “Despite comprehensive law and policy regulations‚ the lack of inter-sectoral collaboration has led to very low cross-referrals between social services and the SAPS‚” the humanitarian and child advocacy organisation said on Wednesday. More >> SA child protection system failing its children – World Vision SA ---------------------- Raising the minimum wage by $1 per hour would result in a substantial decrease in the number of reported cases of child neglect, according to a new study co-authored by an Indiana University researcher. More >> Raising the minimum wage would reduce child neglect cases ----------------------- DES MOINES, IOWA  --  Iowa jurors awarded Heidi and Rachel McFarland $3.25 million, saying they believe Des Moines adoption attorney Jason Reiper failed to file crucial adoption paperwork in a timely fashion, which ultimately led to the loss of their child. More >> Ankeny Couple Awarded Millions in Adoption Malpractice Lawsuit ------------------------ ASHLEY — A local mother filed a federal lawsuit Monday alleging Luzerne County Children and Youth Services put her two children into a home where they were physically and sexually abused by an adopted child. More >> Woman says CYS put her children in abusive home

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A 19-year-old who says she suffered years of abuse at the hands of her adoptive mother filed a lawsuit Tuesday alleging assault, battery, false imprisonment, intentional infliction of emotional distress and outrageous conduct.

More >> Iowa teen files civil suit against mother convicted of abuse
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TOPEKA (TNS) — Kansas is asking that reports of child abuse and neglect be made by phone for now because of computer problems.

More >> DCF taking reports by phone due to computer issues
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The Connecticut Supreme Court ruled Tuesday that the state's child welfare agency cannot vaccinate children placed temporarily in its custody when the parents object.

More >> Court: State can't vaccinate kids in temporary custody

• Conn. Supreme Court: DCF Can't Mandate Vaccinations Over Parental Rights

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The British Columbia Court of Appeal has determined that a child’s Indigenous heritage does not attract a “super-weight” over other factors in adoption in a decision the birth mother plans to appeal to the Supreme Court of Canada.

More >> B.C. court rules Indigenous heritage doesn’t override child’s best interest in adoption
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Red Hot Chili Peppers' Flea holds a very strong opinion in regards to removing music education from schools. The bassist sat down with Rolling Stone to give his thoughts on politicians looking to cut funding for such programs, stating: "It's child abuse. It's just plain wrong."

More >> RHCP’s Flea says removing music education from schools is “child abuse”

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A SENIOR Catholic priest has argued lifting the seal of confession and forcing clergy to report admissions of child sex abuse would make children more vulnerable.

More >> Senior priest claims breaking confessional seal could make children more vulnerable

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Russia Exposes Why U.S. Hides Human Rights Violations

In light of The United States being banned from adopting children from Russia, international focus on how The U.S. treats children has other countries considering enjoining the ban.

The report highlights the reasons why the U.S. refuses to sign onto human rights international treaties by examining:

• The role of special interests groups, including the impact of the Citizens United court decision allowing corporate financing of political campaigns;
• The economic impact of Right-To-Work legislation;
• Why the U.S. has the most imprisioned in the world, penal system, prison labor, corporate profit, juvenile abuses, racial disparities of incarceration and sentencing;
• Child Welfare
• Hate Groups

There are so many horrors that go on behind the America's iron curtain of child welfare to the point that political forces have manipulated the hearts and minds of desperate parents to keep U.S. secrets from any international scrutiny.  Parentalrights.org is on of those groups. 

Ministry of Foreign Affairs of the Russion Federation Report on the Human Rights Situation in the U.S.A. Voting is beautiful, be beautiful ~ vote.©

Religion Holds Up Kids As A Shield

I just love the counter argument when addressing hiring practices of religious organizations with public money are questioned. 

"If you do not believe, you will not be hired."

They hold up a baby as a transparency shield when asked to be held accountable. Weak.

I know many child welfare religious-based organizations that make the staff sign a religious pledge. This is one of the reasons why the imperialistic morality parade keeps banging their drums, purchased with taxpayer money.

If these groups do not respect separation of church and state, perhaps they can easily refuse to receive public funding and become privately funded.

I say any religious organization, mainly child placing agencies, receiving federal funding must be subject to federal audits and reviews. If there is no wrong, then transparency should not be an issue.

Faith-Based Organizations Protest Restrictions in Federal Legislation

A group of more than a hundred faith-based nonprofits is fighting the passage of a provision that would prohibit them from receiving federal money if they consider a job applicant's religion in the hiring process, the New York Times reports.

The groups sent a letter to Congress which argues that the provision — included in a bill to reauthorize the Substance Abuse and Mental Health Services Administration — would dilute protections granted to the groups by the 1964 Civil Rights Act, the Religious Freedom Restoration Act, and the Constitution. Although many of the groups protesting the legislation do not receive money from the agency, they say the language of the provision is broad enough to affect other, unrelated sources of federal funding. World Vision USA, a Christian aid organization that is leading the protest, received more than $300 million in cash, goods, and services from federal sources last year, while the Salvation Army received almost $400 million from federal, state, and local governments.

The debate over federal support for programs run by nonprofits with religious affiliations dates back to the Clinton administration, when the issue was included in welfare reform legislation. Under "charitable choice," as the compromise forged by the Clinton administration was called, organizations are not allowed to discriminate against clients based on religion but are able to exercise their religious beliefs in hiring and other aspects of their operations. The Coalition Against Religious Discrimination, whose members include the American Civil Liberties Union, the Hindu American Foundation, and the NAACP, has been pushing Congress to eliminate charitable choice for years and does not believe the provision at the center of the controversy goes far enough.

That view does not sit well with the faith-based organizations petitioning Congress. "Those four lines in the legislation would be a seismic change in bedrock civil rights law for religious organizations," said World Vision USA chief legal counsel Steven McFarland. "The impact would be huge and severely affect our ability to help children and others in need."
Strom, Stephanie. “Religion-Based Groups Protest Restrictions in Bill.” New York Times 8/25/10.